Chiappini v. Steinberg

SHINN, P. J. The present action is for damages for personal injuries sustained by plaintiff when he fell from a ladder on the premises of the defendant. It was alleged in the amended complaint that “on May 31, 1957, at the invitation of defendant, Morris Steinberg, and with his express permission, plaintiff was on aforesaid premises; that at de[102]fendant, Morris Steinberg’s, express request, plaintiff was assisting said defendant in cleaning the floor at said premises; that at said time and place, said defendant ordered plaintiff up a ladder to get a scraper to be used in the cleaning of said floor. That when plaintiff was on the said ladder, the ladder slipped and fell to the floor carrying plaintiff crashing to the floor and proximately causing the injuries and damages as hereinafter enumerated.” It was alleged that the floor was maintained in a dangerous, defective and slippery condition and that the lighting was inadequate'; defendant knew or should have known of the condition, failed to warn plaintiff thereof and that the falling of the ladder was due to the negligence of defendant. In a jury trial, verdict and judgment were in favor of defendant and plaintiff appeals.

The sole ground of the appeal is the claim of failure of the court to adequately instruct the jury as to the duties of the defendant. We are of the opinion that the jury was adequately instructed.

The facts were that plaintiff’s wife Rose agreed to lease the premises, consisting of a storeroom, on a month to month tenancy, and that defendant agreed that he would clean the floor and prepare it for occupancy. Prior to that time, plaintiff had occasionally helped defendant clean the floor. The premises had been used by a candlemaker, who had left wax on the concrete floor. Plaintiff testified that he was requested by defendant to get a scraper to help in removing some linoleum; the scraper was on a shelf in the rear of the store; a ladder being in place, plaintiff shook it to see if it was solid. He climbed up the ladder to a little less than 5 feet. The ladder slipped on the floor, plaintiff fell to the floor and sustained injuries to his back. There was evidence that the fall of the ladder was due to the slippery condition of the floor. Plaintiff requested and the court refused to give an instruction which is set out in footnote.1

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